According to the Hanafi law, the dower is confirmed, i.e., the wife becomes entitled to it, in anyone of the following three circumstances:
(i) On the consummation of marriage,
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(ii) On the valid retirement, and
(iii) On the death of either party, irrespective of the fact whether the marriage was consummated or not.
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In anyone of these circumstances, the dower vests in the wife, she may proceed to realize the prompt dower at once. The whole of dower, both parts, the prompt as well as the deferred, becomes her property and she may deal with it in any manner she likes. She may make an assignment of the whole, or any part of it, as a specified debt against her husband.
Once the dower is confirmed, no forfeiture of it could occur, even on the ground of gross misconduct on her part, such as apostasy or adultery, or even when she murders her husband. Neither will it be lost when she dies, or is killed by her husband. On her death it will devolve upon her heirs.
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Among the Shias and the Shafis, the dower is confirmed either on actual consummation of marriage or on the death of either party.
If the dower is not confirmed by consummation or valid retirement, and the parties separate, then, according to the Hanafis, the wife is entitled to half of the specified dower. If it is not specified, then she is entitled to a present only if the separation has taken place on account of the husband, but not otherwise.
Thus, where the husband divorces an apostate or adulterous wife (in such cases the divorce is on account of the wife), she is entitled to only a present. When the wife is entitled to a present, the quantum of present depends upon the usage. Where the dower is settled after the marriage and the parties separate before the consummation, then, again, the wife is entitled to a present only and to no portion of the dower.
The Shias, in this regard, are in substantial agreement with the Sunnis, but hold the view that in all cases of specified dower (whether specified before, at the time, or after the marriage) if separation takes place before the consummation of marriage, the wife is entitled to half of the dower.
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The Shias take the view that in those cases, where the dower is not specified and separation takes place before the consummation of marriage, the wife is entitled to a present, the amount of which is determined on the basis of the position and means of the husband. The Sharaya is specific: “No woman, however, is entitled to a present, except one for whom no dower has been settled, and who has become separated from her husband before consummation”. The Shafis take the view that in every case of separation the husband is bound to make a present to his wife.